Sheffield application visions in relation to the recovery and application of the penalty imposed by such lastmentioned section contained in the Cutlers' Company's Act of 1791, shall apply to any mark entered in the Sheffield register. 1 All applications to be in duplicate. See rule 53, in duplicate. page 282. comptroller. Notice to 2 The Cutlers' Company, within seven days of the receipt by them of an application, shall send a copy, together with copies of the representation, to the comptroller, as prescribed in rule 54. Cutlers' 3 The prescribed time is one month from the date of the receipt by the comptroller of the notice sent by the Cutlers' Company. See s. 55, sub. 2. 4 For provision as to means of advertising applications made as Sheffield, see rule 55. 5 See rule 56, page 284. 6 By sending to the Cutlers' Company a copy of the official paper containing the application of which notice is required to be given, with a note distinguishing such application. See rule 55, sub. 3. 7 The form of appeal must be in duplicate, one of which need not be stamped. For form, see second schedule to rules, form W, page 307. (a) The Cutlers' Company was incorporated under 21 Jac. I. c. 31 (1623). The 31 Geo. III. c. 58 confines the company to those engaged in "the arts or trades of makers of knives, sickles, shears, scissors, razors, files, and forks;" and the 23 Vict. c. 43 widens this enumeration thus: "The arts or trades of manufacturers of steel and makers of saws and edge tools and other articles of steel, or of steel and iron combined, having a cutting edge." By sub. 3 a further extension is made by permitting and requiring trade marks in articles not having a cutting edge, made of iron or steel, or of both combined, to be registered in the Sheffield register. (b) See ss. 62 & 63 for applications for registration. (c) For effect of registration and assignment, see ss. 66, 67, 69-77. A cutler's corporate mark, is assignable when owned by a non-freeman of the Cutlers' Company. The assignability of such a mark, containing a personal element, must depend upon the circumstances of the particular case. See Bury v. Bedford, 32 L. J. Ch. 741, 4 De G. J. & S. 352. In assigning trade marks, which are cutlers' corporate marks, a proper title is not given to the assignee, and he will not be registered as owner of the marks until the marks have been surrendered by the assignor to the Cutlers' Company, and reassigned by the company to the assignee. In re Rabone Bros. & Co., Sebastian's Digest of Trade Marks, page 395. (d) By 4 Geo. III. c. 97, if a freeman of the Cutlers' Company makes a will, or dies without making a will, the mark passes in the same manner as the other personalty subject to the widow's life estate. (e) If the Cutlers' Company unsuccessfully oppose an application to register a trade mark, on the ground that the mark in question so nearly resembles a Sheffield mark as to be calculated to deceive, they must pay the costs, notwithstanding they intended to act for the public interest. In re Rosing, 1 Trade Marks, 371. PART V. GENERAL. Patent Office and Proceedings thereat. Office. 82. (1.) The Treasury may provide for the pur- Patent poses of this Act an office with all requisite buildings and conveniences, which shall be called, and is in this Act referred to as, the Patent Office (a). (2). Until a new patent office is provided, the offices of the Commissioners of Patents for inven Patent Museum. Officers and clerks. tions and for the registration of designs and trade marks existing at the commencement of this Act shall be the patent office within the meaning of this Act. (3.) The patent office shall be under the immediate control of an officer called the ComptrollerGeneral of patents, designs, and trade marks, who shall act under the superintendence and direction of the Board of Trade. (4.) Any act or thing directed to be done by or to the Comptroller may, in his absence, be done by or to any officer for the time being in that behalf authorised by the Board of Trade. (a) The existing patent office is at 25, Southampton Buildings, Chancery Lane, London, W.C. The Patent Museum at South Kensington is by this Act placed under the control of the Science and Art Department. See s. 41; and as to models, s. 42. 83. (1.) The Board of Trade (a) may at any time after the passing of this Act, and from time to time, subject to the approval of the Treasury, appoint a Comptroller-General of patents, designs, and trade marks, and so many examiners and other officers and clerks, with such designations and duties as the Board of Trade think fit, and may from time to time remove any of those officers and clerks. (2.) The salaries of those officers and clerks shall be appointed by the Board of Trade, with the concurrence of the Treasury, and the same and the other expenses of the execution of this Act shall be paid out of money provided by Parliament. (a) See s. 22. patent 84. There shall be a seal for the Patent Office, Seal of and impressions thereof shall be judicially noticed office. and admitted in evidence. be entered 85. There shall not be entered in any register Trust not to kept under this Act, or be receivable by the in registers. Comptroller (a), any notice of any trust1 expressed, implied, or constructive (b). cations. 1 Although no notice of a trust is receivable by the Communicomptroller, yet trusts will be registered on the registers of the patent office. This is expressly authorised by Patents Rule 27, page 195, which authorises applications for a patent to be made by communication from abroad. The person applying is a trustee for the communicator, but as far as the register is concerned he appears to be the sole owner of the patent, and in the form of application for letters patent he claims "to be the true and first inventor." See application for patent for inventions communicated from abroad, form A, in the second schedule to the Patents Rules, page 219. (a) Deeds of trust have hitherto been registered as such by Trusts. the patent office, but now even notice of a trust to the comptroller will not be received. See, however, s. 87 and proviso, that any equities in respect of such patent design or trade mark may be enforced in like manner as in respect of any other personal property. "A trust means an obligation under which some person is bound or has bound himself, to deal with the beneficial interest in real or personal property which is vested in him in a particular manner and for a particular purpose, either Expressed, implied, or constructive. Refusal to grant in certain wholly in favour of another or others, or partially in favour of another or others conjointly with himself." See Underhill on Trusts, page 1 and note. "A person may declare a trust either directly or indirectly; the former by creating a trust eo nomine in the form and terms of a trust, the latter without affecting to create a trust in words by evincing an intention which the courts will effectuate through the medium of an implied trust." Lewin on Trusts, page 98. Of these the direct is termed an express trust, and the indirect an implied or constructive trust, which expressions appear from the books to be almost identical. 86. The Comptroller may refuse to grant a patent, etc., patent for an invention, or to register a design or trade mark, of which the use would, in his opinion, be contrary to law (a) or morality. cases. Discretion. ary power of comptroller. Contrary to law. 1 Before exercising this discretionary power adversely to an applicant, the comptroller must give him an opportunity of being heard. For provision as to notice to the applicant by the comptroller, and for notice to the comptroller of the applicant's desire to be heard, and as to thehearing, see Patents Rules 11-13. The provisions as to the exercising this power on applications for the registration of designs and trade marks are similar to those required by the Patents Rules. See Designs Rules, 13-15 (inclusive), Trade Marks Rules 17 & 18. (a) This is in accordance with the Statute of Monopolies, which provides that grants of privilege shall not be “contrary to law, nor mischievous to the state by raising prices of commodities at home, or hurt of trade, or generally inconvenient." The words "contrary to law" must not be taken in the widest sense; for instance, it is contrary to common law that letters patent should be granted for an invention which is not of public utility, but it is not intended that the comptroller should institute an examination with |